Gully v Dix

Gully v Dix

A temporary separation due to abnormal circumstances does not defeat a long-standing cohabitation or maintenance relationship for the purposes of the Inheritance (Provision for Family and Dependants) Act 1975. The settled arrangement and intention to resume cohabitation are determinative.

Parties
Claimant/respondent: Anita Jean Gully; Defendant/appellant: Gary Gilbert Dix
Jurisdiction
England and Wales
Judgment Date
21 January 2004
Procedural Posture
Civil Appeal / Appeal From Preliminary Issue Determination
Outcome
Appeal dismissed
Legal Topics
Inheritance (provision for Family and Dependants) Act 1975, Cohabitation, Reasonable Financial Provision, Maintenance, Statutory Interpretation
Succession Law Family Law Inheritance (provision for Family and Dependants) Act 1975 Cohabitation Reasonable Financial Provision Maintenance Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Anita Jean Gully

Claimant/respondent

Gary Gilbert Dix

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issue Determination

Legal Issues

  1. 1 Whether the claimant was living in the same household as the deceased as his wife during the two years immediately before his death under section 1(1A) of the Inheritance (Provision for Family and Dependants) Act 1975
  2. 2 Whether the claimant was being maintained by the deceased immediately before his death under section 1(1)(e) of the Act

Ratio Decidendi

A temporary separation due to abnormal circumstances does not defeat a long-standing cohabitation or maintenance relationship for the purposes of the Inheritance (Provision for Family and Dependants) Act 1975. The settled arrangement and intention to resume cohabitation are determinative.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the claimant qualifies under the Inheritance (Provision for Family and Dependants) Act 1975 as living in the same household as the deceased as his wife and being maintained by him immediately before his death.